Just to be clear on this as well. In MA dual-consent is only required when one party has a reasonable expectation of privacy. That's been extended to include secretly taping someone in public (if the camera is hidden, the other party has a reasonable expectation of privacy). In a public place you can record to your hearts content.
This whole thing is about whether or not police have a right to privacy during their work. I think when this finally hits a court of note that it will be smacked down pretty hard. Courts have already found, for instance, that there is no reasonable expectation of privacy during a traffic stop for the person being stopped. Officers are now attempting to claim that privacy right for themselves, and it seems REALLY unlikely that they will succeed in doing that.
*note: I run a business that (as part of what we do) records phone calls, so we've had to deal with some of these issues. I'm not a lawyer and probably not exactly an expert.. I just know enough to be pretty damn dangerous:)
I think when this finally hits a court of note that it will be smacked down pretty hard. Courts have already found, for instance, that there is no reasonable expectation of privacy during a traffic stop for the person being stopped.
The issue already hit the SJC (Commonwealth v. Hyde has indicated in lambda's link) and they ruled for the officer.
Yeah, as I understand it, the law in question in MA is targeted at any interaction, not specifically those that involve police. All else being equal, both parties deserve to know that recording is happening.
"This call may be recorded for quality assurance", right?
If you're trying to capture police misdeeds on camera, then asking for the approval of the police, or announcing loudly to them that they are being recorded seems to miss the point. If anything, the police should have less of an expectation of privacy (in their job) than a normal person. We've armed them and given them the discretion to kill if necessary, why shouldn't we be able to heavily audit them to make sure that they aren't abusing that power?
You surrender a lot of your rights when you join the military, why should the police force be any different? We arm and train them in practically the same manner.
I'm pretty sure the law in question also has clauses about reasonable expectation of privacy. If you're on the phone, that's one thing, if you're in a public place, that's another.
I'm not saying that the police have any more right to demand someone turns their phone off in a public place than anyone else.
But the laws that do exist actually create protection of civilians from police -- otherwise they could surveil you at will. Just a funny point we've reached, is all.
This whole thing is about whether or not police have a right to privacy during their work. I think when this finally hits a court of note that it will be smacked down pretty hard. Courts have already found, for instance, that there is no reasonable expectation of privacy during a traffic stop for the person being stopped. Officers are now attempting to claim that privacy right for themselves, and it seems REALLY unlikely that they will succeed in doing that.
*note: I run a business that (as part of what we do) records phone calls, so we've had to deal with some of these issues. I'm not a lawyer and probably not exactly an expert.. I just know enough to be pretty damn dangerous:)